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2013 Supreme(Ker) 716

ANTONY DOMINIC, P.D.RAJAN
Rajesh R. Nair – Appellant
Versus
Meera Babu – Respondent


Advocates appeared:
For the Appellant:Mrs. K. Kusumam, Advocate.
For the Respondent:T.K. Ananda Krishnan, Mrs. J. Sheeba, Advocates.

Judgment :

Antony Dominic, J.

1. The appellant and the respondent are husband and wife and their marriage was on 24.11.2005. In the wed-lock they have a male child. Subsequently, due to incompatibilities, the couples separated on 24.10.2009 and are living separately since then.

2. While so, the respondent wife filed G.O.P No.238 of 2010 before the Family Court, Thiruvananthapuram for custody of the child. She also filed O.P No.813 of 2010 for recovery of gold ornaments and for maintenance. During the pendency of the above two cases, the appellant husband filed O.P.No.217 of 2011 for restitution of conjugal rights.

3. The disputes between the parties were referred for mediation and on the intervention of the mediators of Thiruvananthapuram Mediation Centre, Annexure A2 compromise was arrived at. In Annexure A2 mediation agreement, the husband agreed to pay maintenance of Rs.12,000/- per month to the child, the wife respondent agreed to forgo her claims for maintenance and the husband had agreed to pay an amount of Rs.1,50,000/- to the wife. There were also provisions regulating the custody of the child and a car and the ornaments of the wife were also agreed to be returned to her. Final










































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